Marketing Explosion Web Site Agreement

MarketingExplosion Web Site Agreement

The MarketingExplosion Web Site (the "Site") is an online information service provided by MarketingExplosion ("MarketingExplosion "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MarketingExplosion MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are MarketingExplosion, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to MarketingExplosion a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to MarketingExplosion by all means and in any media now known or hereafter developed. You also grant to MarketingExplosion the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against MarketingExplosion for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MarketingExplosion.

TrafficServer 1.01 TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of MarketingExplosion. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by MarketingExplosion, MarketingExplosiondoes not operate, control or endorse any information, products or services on the Internet in any way. Except for MarketingExplosion- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with MarketingExplosion a. You also understand that MarketingExplosion cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MarketingExplosion PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MarketingExplosion SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MarketingExplosion DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MarketingExplosion HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL MarketingExplosion BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MarketingExplosion OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MarketingExplosion LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

MarketingExplosion makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-MarketingExplosion web site, please understand that it is independent from MarketingExplosion, and that MarketingExplosion has no control over the content on that web site. In addition, a link to a MarketingExplosion web site does not mean that MarketingExplosion endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless MarketingExplosion, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of MarketingExplosion and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between MarketingExplosion and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MarketingExplosion's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MarketingExplosion may assign its rights and duties under this Agreement to any party at any time without notice to you.

7. Affiliate Terms.

Affiliate Terms And Conditions (Including Partner Members /Resellers)

The following are terms and conditions for participating in the MarketingExplosion.com Affiliate Program.

"Affiliate" refers to you, and "MarketingExplosion.com" refers to us and the web sites that are owned by Hodgkinson Marketing Limited and SurefireWealth Inc.

MarketingExplosion.com reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliates. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.

1. Affiliate agrees that a MarketingExplosion.com Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of MarketingExplosion.com. Affiliates further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of MarketingExplosion.com.

2. Affiliate must be of the age of majority in his/her state or country.

3. All Affiliate applications are subject to approval by MarketingExplosion.com.

4. Affiliate agrees to receive MarketingExplosion.com's e-mail, including but not restricted to sales reports, training, newsletters, plus messages from Affiliate's Team Leader(s).

5. Affiliate agrees to present the MarketingExplosion.com Compensation Plan and MarketingExplosion.com products and services as set forth at the official MarketingExplosion.com Website(s). Affiliates will make no claims regarding potential income, earnings, products, or services beyond what is stated at official MarketingExplosion.com Websites.

6. Affiliate agrees not to disparage MarketingExplosion.com, other MarketingExplosion.com Affiliates, MarketingExplosion.com's products, the MarketingExplosion.com compensation plan, MarketingExplosion.com's employees. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.

7. Affiliate agrees to not utilize SPAM in promoting MarketingExplosion.com's web sites and products. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of MarketingExplosion.com's Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by MarketingExplosion.com. Any service interruptions to MarketingExplosion.com's web sites as a result of Affiliates spamming will be billed to Affiliate at $150 U.S. dollars per hour until service is restored.

For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about MarketingExplosion.com or his products, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:

i.) Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf AND you do not advertise an MarketingExplosion.com Gateway URL. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.

ii.) You may include information on MarketingExplosion.com in e-mail Acknowledgement Messages for orders and inquiries that you receive, so long as it is stated up front that you will be sending them an acknowledgement.

MarketingExplosion.com also considers ANY type of advertisement about MarketingExplosion.com or his web sites posted to a newsgroup or chat room to be spam.

8. Affiliate agrees to provide MarketingExplosion.com with a valid e-mail address upon registration. Affiliate understands that the use of an autoresponder e-mail address is prohibited.

9. Although the MarketingExplosion.com's Affiliate Program is United Kingdom based it is not limited to the United Kingdom, However all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by PayPal and sent out monthly on or about the last day of the month for the previous month's sales. To cover MarketingExplosion.com's fee processing, MarketingExplosion.com reserves the right to deduct approximately $2 (two dollars per sale). If a sale is cancelled or refunded, the related commission will be deducted from a subsequent payment. No minimum amount is required before payments are made. Payment are made via PayPal only and you must provide us with a valid PayPal account email on registration. PayPal may also deduct additional fees from your payment from us.

10. Affiliate will be issued an "Affiliate Link," or "Partner Link" a unique URL which allows MarketingExplosion.com to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL, and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms, such as a banner, image, or text link.

11. Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commissions.

12. MarketingExplosion.com is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.

13. MarketingExplosion.com will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, MarketingExplosion.com is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Affiliate understands that Affiliate tracking can never be 100% accurate and MarketingExplosion.com is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are beyond the control of MarketingExplosion.com. It is the goal of MarketingExplosion.com to make Affiliate tracking as accurate as possible. However, MarketingExplosion.com cannot guarantee 100% tracking for situations beyond his control.

14. To protect MarketingExplosion.com's customer privacy, if deemed necessary, MarketingExplosion.com reserves the right to withhold identifying customer contact information from Affiliate.

15. MarketingExplosion.com reserves all rights in or to its trademarks and service marks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a MarketingExplosion.com logo, image, or trademark which may be distasteful, defame, or misrepresent MarketingExplosion.com.

16. Affiliate understands that prohibited sites for advertising MarketingExplosion.com's products or services include: Websites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.

17. MarketingExplosion.com shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if MarketingExplosion.com has been advised of the possibility of such damages. MarketingExplosion.com's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by MarketingExplosion.com under this agreement.

18. Affiliate agrees not to present others' creative works—in full or in part—as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination.


19. MarketingExplosion.com makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.

20. Both MarketingExplosion.com and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

21. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.

22. Affiliate understands that MarketingExplosion.com will purge the main affiliate database monthly of all affiliates who have been designated as "inactive" for a period of six months or more.

23. This agreement will be governed by and construed in accordance with the laws of the United Kingdom.

DISCLAIMER:

MarketingExplosion.com hereby disclaims all express and implied warranties for all products, goods or services, including the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. All products, goods, or services are provided AS IS with respect to MarketingExplosion.com. Any warranty or other remedy offered by the original manufacturer or party offering any services, if any, is offered only by such entity and not by MarketingExplosion.com.

MarketingExplosion.com obligations and your remedies hereunder are solely and exclusively as described and limited herein. MarketingExplosion.com's liability, whether based on contract, tort, warranty, strict liability, or other theory, shall not exceed the price of the individual unit of goods, products, or services of which the alleged defect or damage is the basis of the claim. In no event shall MarketingExplosion.com be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage.

MarketingExplosion.com's display of any products, goods, or services offered by or originating from a party other than MarketingExplosion.com are not intended nor offered as information or data comprising any claim or representation as to such products, goods, or services by MarketingExplosion.com. Any ultimate purchase of any product, good, or service from MarketingExplosion.com or his web sites are made subject to the law of the United Kingdom, which substantive law shall control the relationship of the parties.

Any rights not expressly granted herein are reserved.


COPYRIGHT NOTICE.© 1999-2004 PriorityDigital.com Prepared for: MarketingExplosion ,All rights reserved.

Get your own free disclaimer on-line here.

Information: Contact Us/Help Desk Terms & Conditions

©Copyright 2008, Sure Fire Wealth, Inc. and Hodgkinson Marketing Ltd All Rights Reserved
U.K. Hodgkinson Marketing Limited, PO Box 450 Adlington, Chorley PR6 6AG
USA: 2248 Meridian Boulevard Suite H. Meridian, NV 89423